What can I expect as a first time offender of a DUI? 5 Answers as of July 22, 2011

On July 1, 2011, my son had an accident on a dirt road while under the influence of (what he ASSUMES) was valium. The car flipped, caught on fire and burned to the ground. There is only a shell left of the car. Police showed up 3 hours later (Very rural area) and arrested my son after breath test. He scored .02. Blood work was given at jail. No results back yet, no court date yet, they did take his license. What can we expect here as a first time offender?

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Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Probation, fines and court costs, alcohol highway safety program, and community service.
Answer Applies to: Michigan
Replied: 7/22/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
I would get an attorney since there are a lot of things that are facts that need to be analyzed. Who saw this? Did your son say anything to the police? What happened in the three hours after the accident and before the test? These things can make a difference.
Answer Applies to: Michigan
Replied: 7/20/2011
Law Offices of Jeffery A. Cojocar, PC
Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
Looks like a case that you may want to contest and litigate.
Answer Applies to: Michigan
Replied: 7/20/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
How old is your son? If he is under 21, then he may be in violation of the zero tolerance law. Until charges are filed, it is impossible to know what penalties may be imposed. Also, without knowing the court in which the charges will be filed, it is difficult to determine what their "standard" practice is. However, typically, first offense OWI has a term of probation with condition, a suspension of license for at least 30 days with a restricted license for 335 days. There would also be fines and costs. The secretary of state will impose a driver's responsibility fee of $1,000 per year for i believe 2 years. Finally, his insurance company is likely to cancel him and require him to obtain insurance through the high risk pool.
Answer Applies to: Michigan
Replied: 7/20/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It will depend on some things. First of all, how old is your son? If he is under 21, he can be charged with Minor in Possession (misdemeanor) and even a DUI with a .02 if he is underage. If he was operating a motor vehicle under the influence of medication such as Valium, he could be charged with OWVI which is equivalent to a DUI. You will have a restricted license for 90 days and you could face fines and costs as well. The court has the discretion to impound or order your vehicle immobilized. More than likely you will at least get probation and possibly community service and/or a drunk driving course to complete. Seek out an experienced DUI attorney for more specific advice on your case. At least have them review the police report and lab results. There may be errors that could get the charges reduced or dismissed.
Answer Applies to: Michigan
Replied: 7/20/2011
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